Klipfel v. Colvin

Filing 27

ORDER granting 26 Stipulation to Attorney Fees Under the Equal Access to Justice Act, by Magistrate Judge Michael J. Watanabe on 12/09/2014.(slibi, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 13-cv-01631-MJW MICHAEL C. KILPFEL, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant. ORDER Michael J. Watanabe United States Magistrate Judge This Court, having reviewed the parties’ Stipulation to Attorney Fees Under the Equal Access to Justice Act (Docket No. 26), and being fully apprised in its premises, GRANTS the Motion and ORDERS: • • If, after receiving the Court’s EAJA fee order, the Commissioner (1) determines upon effectuation of the Court’s EAJA fee order that Plaintiff does not owe a debt that is subject to offset under the Treasury Offset Program, and (2) agrees to waive the requirements of the AntiAssignment Act, the fees will be made payable to Plaintiff’s attorney. • Dated: Defendant shall pay $3,482.50 of attorney fees to Plaintiff pursuant to the EAJA. However, if there is a debt owned under the Treasury Offset Program, the Commissioner cannot agree to waive the requirements of the AntiAssignment Act, and the remaining EAJA fees after offset will be paid by a check made out to Plaintiff but delivered to Plaintiff’s attorney. December 9, 2014 Denver, Colorado /s/ Michael J. Watanabe Michael J. Watanabe United States Magistrate Judge

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